US embassy cable - 05BOGOTA10061

C O N F I D E N T I A L BOGOTA 010061 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 10/24/2015 
TAGS: KJUS, PGOV, PREL, PTER, CO 
SUBJECT: VICE PROSECUTOR GENERAL OTALORA REPORTS ON JUSTICE 
AND PEACE UNIT, ACCUSATORY SYSTEM, AND EXTRADITION 
 
Classified By: Ambassador William B. Wood. 
Reasons: 1.4 (b) and (d) 
 
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SUMMARY 
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1. (C) WHA/AND Director Phil French met with Vice Prosecutor 
General Otalora on October 20 to discuss the status of the 
Justice and Peace (J&P) Unit, the new oral accusatory justice 
system, and extradition.  French recognized the significant 
progress made in Colombia on various bilateral fronts, 
including the justice system.  Nevertheless, he stressed the 
need for the GOC to focus on the successful implementation of 
Justice and Peace (J&P) law to prevent the loss of domestic 
and international support.  Otalora emphasized the commitment 
of the Prosecutor General's Office (Fiscalia) to the J&P unit 
and recognized four main challenges the process faces: 1) the 
responsible selection of J&P-eligible candidates; 2) a 
rigorous verification process; 3) selection of qualified 
judges; and 4) the hiring of sufficient personnel to staff 
the unit.  Otalora said the accusatory system is helping 
build the credibility of the justice system and, despite the 
occasional suspension of extradition requests -- such is the 
case with AUC leader Diego Murillo, AKA "Don Berna" -- he 
underscored his commitment to continue investigating and 
accumulating information on "extraditables." 
 
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FISCALIA IS COMMITTED TO THE JUSTICE AND PEACE UNIT( 
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2. (C) In meetings with Vice Prosecutor General Otalora on 
October 20, WHA/AND Director Phil French highlighted the 
GOC's significant progress in the justice system since his 
previous work in Colombia over 12 years ago.  French 
recognized, nevertheless, the need for the GOC to focus 
heavily on the successful implementation of the J&P law to 
prevent undermining Colombia's domestic and international 
support.  Otalora acknowledged that the Fiscalia faces the 
immediate responsibility of guaranteeing the appropriate 
functioning of the Justice and Peace unit.  He explained that 
the Fiscalia's strong commitment to the J&P law comes from 
Prosecutor General Mario Iguaran himself, who, in his 
previous position as Vice Minister of Interior and Justice, 
was heavily involved in drafting the J&P law.  Moreover, the 
selection of the highly respected former Fiscalia's National 
Director Luis Gonzalez as the head of the J&P unit should be 
interpreted as another sign of the Fiscalia's commitment to 
the successful implementation of the law. 
 
3. (C) Otalora reported progress in the J&P unit with the 
appointment of 14 of 20 prosecutors required under the J&P 
law, and the completion of U.S. training for some members of 
the unit in mid-October.  Sixty assistant prosecutors are 
also being selected to support the unit, though not all will 
be full-time.  Otalora responded to French's question on when 
the Fiscalia expects the first J&P-eligible candidates to be 
processed by warning that the unit has yet to receive from 
the GOC the first list of qualified individuals.  He 
emphasized that his office would prefer to receive periodic 
small lists than wait for a long list that could overwhelm 
the system. 
 
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(BUT SEVERAL CONCERNS REMAIN 
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4. (C) Otalora explained what he thought were the four main 
challenges facing the J&P process: 1) the selection of 
J&P-eligible candidates; 2) guaranteeing a rigorous 
verification process; 3) selection of qualified judges; and 
4) the hiring of sufficient personnel to fully staff the unit. 
 
-- The selection of J&P-eligible candidates, including those 
already serving sentences, would have to be a political 
decision but should be rigorous and responsible.  For 
example, one of the candidates on the original list of 38 
FARC prisoners who applied for J&P benefits was found to have 
"the world's kidnapping record of 72 victims."  He clarified 
 
that someone like that -- who apparently has been taken off 
the list of eligible beneficiaries -- should not be 
considered in the first place.  He claimed that the media has 
played an irresponsible role by poorly explaining eligibility 
requirements and prompting all types of convicted criminals 
to petition for benefits.  Otalora emphasized that there are 
several important steps outlined in Articles 10 and 11 that 
should be better explained to the public which make it 
challenging for any individual to qualify for benefits under 
the law.  These would include providing information about or 
assisting in the dismantling of the group to which they 
belonged, turn over any proceeds of illegal activity and any 
abducted persons. 
 
-- There should be sufficient time for prosecutors and 
investigators to verify the truth of the information provided 
and facts reported during the voluntary deposition or 
"version libre." 
 
-- The administrative agency that manages all the courts has 
yet to select the judges of the Superior District Courts who 
would be responsible for J&P hearings.  The prompt selection 
of experienced judges is critical.  The qualifications for 
judges on these courts shall be the same as for those on the 
already-existing Superior District Courts. 
 
-- Finding the resources to staff the unit is critical. 
Otalora explained that the J&P law did not create new 
prosecutor positions, but rather required re-assignment of 
existing personnel, making it difficult for the Fiscalia to 
find qualified prosecutors from other offices. 
 
5. () Otalora stated that the fiscales would have the 
responsibility of explaining the consequences of omitting 
critical information to those petitioning for inclusion.  He 
also clarified that during this process these individuals 
must also identify all property that can later be used for 
reparations -- this includes properties that are under the 
name of a third party.  He recognized that convincing 
candidates to disclose information on property held by third 
parties ) usually family members ) would be difficult and 
that this process must be clearly stated under the J&P 
implementing regulations decree currently being drafted. 
 
6. () Otalora also emphasized that demobilized paramilitaries 
should not be allowed to run for public office as former 
paramilitary leader Jairo Andres Angarita is trying to do, 
until their legal situation is clarified.  He explained that 
Angarita,s demobilization in January under the 782 law did 
not relieve him from responsibility to respond to cases 
against his groups before running for Congress in March as he 
claims he will do.  (Note: Angarita,s Sinu and San Jorge 
paramilitary blocs are facing 93 pending criminal 
complaints.) 
 
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ACCUSATORY SYSTEM HELPS BUILD CREDIBILITY 
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7. (C) French offered a positive appraisal of the progress 
made to date under the accusatory system.  Otalora was 
grateful for his comments and recognized that the accusatory 
system has helped build the credibility of the justice system 
since cases that used to take years are now being completed 
within months.  For example, Otalora cited a case that began 
under the new accusatory system and has reached the Supreme 
Court of Appeals in less than a year's time; under the 
previous system it would have taken several years. 
 
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EXTRADITION EFFORTS MUST CONTINUE 
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8. (C) Otalora raised the issue of extradition as a sensitive 
but necessary bilateral issue.  He emphasized that the GOC 
must continue its "unique and respectable" extradition 
relationship regardless of political decisions on extradition 
-- such are the cases with AUC leaders Mancuso and Don Berna 
-- and emphasized that he has ordered his staff to continue 
investigating and accumulating information on "extraditables." 
 
WOOD